Valentine Web Creations ("VWC", "Company", "We", "Us", "Our") provides this Web Site as a retail venue for website design and services. These are the Terms and Conditions for our Web Site. Please read these Terms and Conditions carefully. By using this Web Site, you agree to be bound by the Terms and Conditions below. If you do not agree to all of these terms, please do not use this Web Site or make any purchase from it. If you have any questions, please do not hesitate to contact us at info @ valentine-web-creations . com (remove spaces) or 717-502-0788.
Permitted Use
User (“User” or "You”) has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal purchase, educational, informational, and entertainment use. User will not use the Web Site for any other purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
Proprietary Information
User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
These Terms and Conditions govern your use of, and any purchase from Valentine Web Creations, and constitute an agreement between you and Valentine Web Creations. We reserve the right to change or modify these Terms and Conditions at any time at our sole discretion. Any changes or modifications will be effective immediately upon posting to this Web Site. Your continued use of this Web Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms and Conditions before each purchase from this Web Site. If you do not agree to the Terms and Conditions, you must stop using this Web Site immediately.
Pricing, Discounts and Sales
Infrequently, data, including prices, may be inaccurately displayed on our Web Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they are detected and we will not honor erroneous prices. All of our prices are final. We do not negotiate prices on our products, however, we may offer discounts to our email subscribers from time to time.
Indemnity
User will indemnify and hold the Company, its Licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
Warranties
VALENTINE WEB CREATIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, MERCHANTABILITY FOR COMPUTER PROGRAMS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFORMATIONAL CONTENT. VALENTINE WEB CREATIONS’ RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO THE MANUFACTURER'S WARRANTY LISTED ABOVE AND IN EFFECT ON THE DATE OF THE INVOICE. VALENTINE WEB CREATIONS RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION. SOME STATES LIMIT OR DISALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO CERTAIN PORTIONS OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
VALENTINE WEB CREATIONS SHALL HAVE NO LIABILITY WHATSOEVER BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES YOU PURCHASE UNDER THIS AGREEMENT. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY FOR VALENTINE WEB CREATIONS EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Legal Notices
Under no circumstances shall Valentine Web Creations be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages. If you have any questions, please do not hesitate to contact us at info @ valentine-web-creations . com (remove spaces) or 717-502-0788.
Applicable Law and Venue
These Terms and Conditions and your use of this Web Site will be governed by and construed in accordance with the laws of the State of Pennsylvania, applicable to agreements made and to be entirely performed within the State of Pennsylvania, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in York County, Pennsylvania and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this Web Site, any purchase from this Web Site, or these Terms and Conditions.
Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Severability
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
Force Majeure
Valentine Web Creations shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, war, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.
Third Party Content
Valentine Web Creations may provide links to third party websites ("Third Party Content") as a service. We do not have any control over Third Party Content. We do not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and undertake no responsibility to update or review any Third Party Content. Use these links and Third Party Content contained therein at your own risk.
Terms and Conditions updated on January 9, 2011.
